Alternative Report Executive Summary Right to Work Rights of Migrant Workers Right to Social Security and Protection Right to Adequate Housing Right to Food Right to Health Right to Water Right to Education Debt and ESC Rights Concluding Observations Executive Summary 19 Executive Summary 20 Philippine NGO Network Report on the Implementation of the International Covenant on Economic, Social and Cultural Rights (ICESCR), 1995 – 2008 Executive Summary IN DECEMBER 2006, the Philippine Government submitted a consolidated document of its second, third, and fourth 1. periodic reports on the implementation of the United Nations International Covenant on Economic, Social, and Cultural Rights. This report, on the other hand, is a product of a Philippine NGO initiative that started in October 2007, facilitated by the Philippine Human Rights Information Center (PhilRights) and the Urban Poor Associates (UPA) for the housing section, that reflects civil society Executive perspective on the situation of these rights and how they could be Summary further respected, protected, and fulfilled by the State. 2. Crucial to this NGO process were the three inter-island consultations conducted from August 26 to September 10, 2008 for people’s organizations (POs) and non-government organizations (NGO) based in the National Capital Region/Luzon, Visayas, and Mindanao. 101 individuals and 72 groups and institutions validated and improved the observations, analyses, and recommendations included in the draft reports. 3. This report was also completed in solidarity and coordination with the Centre on Housing Rights and Evictions (COHRE) and Terre des Hommes-France (TdHF). COHRE also provided comments on the draft text during the writing of this information to the Committee. 4. Most of the observations and analyses on children and women in this executive summary were culled from the respective NGO 21 alternative reports submitted by the Philippine NGO Coalition on CRC in 2008 and by the Women’s Legal Bureau (WLB) in 2006 to appropriate UN treaty monitoring committees. Both NGO reports on women and children were completed through a national consultative process involving more than 90 NGOs and people’s organizations for the CEDAW and 101 civil society groups for the CRC. 5. During the period (1995 to present) covered both by the government and NGO reports, the country has been saddled with deeply rooted problems of massive poverty, ballooning population partly due to inconsistent policies, widening disparity between economic classes, lack of jobs and livelihood opportunities, labor outmigration, a culture of impunity, corruption, subtle and outright suppression of democratic rights, foreign and domestic debt, and armed conflict. The present report provides a detailed elaboration on how these interlocking factors have affected the government’s compliance with Executive its economic, social, and cultural rights obligations and the Summary consequent enjoyment of these rights by the Filipino people. 6. It is also worth noting the implications of the recent escalation of the war in Mindanao due to the aborted Memorandum of Agreement on Bangsamoro Juridical Entity (BJE) and its effects on the half a million people displaced and scores of civilians hurt or killed in the crossfire. Also during the first half of 2008, the sudden global spike in the prices of food commodities (specifically rice) and fuel propelled the country’s inflation rate to a record high of 12.5. 7. This NGO report will convey to the Committee issues of concern that heavily affect ESC rights in the country. 8. In its 1995 concluding observations, the Committee already noted the status of the Covenant in the country’s judicial system and the 22 lack of prosecution powers of the Commission on Human Rights (CHR). Up to now, no policy reform has been adopted to provide CHR with this mandate and even the investigatory authority of the Commission is still limited to civil and political rights violations. Also up to the present, judges in the country are still generally unfamiliar with or uninformed about the Covenant’s provisions as well as the ESC rights framework, principles, and norms as a whole, except for the legal standards for the right to work. This partly explains why despite the Constitution’s recognition of these rights, the nation has not yet established even a substantial jurisprudence on these. Peoples’ organizations and individual victims decry the lack of effective redress mechanisms to exact accountability for human rights violations especially in the field of ESC rights, e.g., victims of forced evictions, agrarian-related violence, or abused overseas workers. 9. The Philippine Government has no clear Human Rights Agenda. Similarly, a careful examination of government programs related to Executive Summary ESC rights like the Accelerated Hunger Mitigation Program (AHMP) would reveal that critical human rights-based elements as defined by the Committee in its General Comments were insufficiently or not considered at all. 10. The Committee also observed back in 1995 that debt servicing was limiting the resources for basic social services, thereby restricting the government’s capacity to fulfill its ESC rights obligations. More than a decade later, the government still insists on honoring all of its liabilities, even those believed to be illegitimate and onerous ones, and has continued to automatically appropriate a huge chunk of its budget to debt servicing. In the 2008 budget, for example, debt servicing was allocated P624 B, more than twice the funds for education, health, agriculture and agrarian reform, environment, and the military combined. Needless to say, this has been the trend annually even before the Committee made its observations on debt servicing in 1995. 23 Lack of resources has been one of the main culprits why government’s socio-economic and pro-poor programs like socialized housing, micro-finance, etc. always end up as short-term, palliative, limited in scope, and inaccessible to intended beneficiaries. 11. Corollary to this, reliance on foreign loans and funding has rendered the country’s economic development strategy hostage, with top leaders and technocrats as willing accomplices, to the neo- liberal impositions of the World Bank, International Monetary Fund (IMF) and the World Trade Organization (WTO). The negative effects of major WTO treaties on women’s rights is said to be extensive. Key national legislations and policies protecting women’s rights are in danger of being revoked once they are considered not in conformity with WTO rules. Further, given a context where women’ s work is largely un-valorized and their tasks and roles are usually in the realm of reproduction, it is expected that women will take the crunch in the form of extended and unpaid labor hours when the government abandons its responsibilities in services like child care. Executive Summary Free trade and liberalization have cast a dark shadow over local industry and agriculture that could not compete with heavily- subsidized imported products flooding the market. Privatization, with its assumed aura of efficiency, has penetrated the social goods domain such as water, housing, education, and power, transforming these services as commodities instead of entitlements. The government must seriously rethink its adherence to the neo- liberal creed because as this NGO report shows, these policies if applied in a developing country have debilitating effects on people’s enjoyment of their ESC rights. 12. Worse, the already inadequate public funds for social services like health and education and for critical infrastructure like roads and irrigation are further reduced in value because of corruption from the highest level of government down to the local government units. 24 Corruption committed with impunity is so ingrained in the Philippine bureaucracy that giving “commissions and percentages” to politicians and public personnel have become a “standard operating procedure” in most government transactions. Even more disturbing is the fact that the public, while expressing dismay over this, has become so used to this practice that they have accepted it as the norm in government. One of the most controversial examples would be the reported overpricing of the National Broadband Network (NBN) deal with China’s ZTE Corporation by more than $100 M, as revealed by star witness Rodolfo ‘Jun’ Lozada, one of the project’s former consultants. In his testimony to the Senate, Mr. Lozada implicated former Commission on Election (COMELEC) chairperson Benjamin Abalos and First Gentleman Mike Arroyo in the aborted project, which sought to establish a government-run high-speed internet service provider. Mr. Lozada’s credible statements forced Abalos to resign and allegations of the President’s involvement stirred public anger that almost brought down the current administration more than a year ago. Executive Summary 13. The government’s under-investment in social services, while automatically reserving budget for debt servicing, plus its frantic drive towards privatization, give credence to civil society perception that the State is gradually abandoning or passing its human rights obligations to other non-State entities. In many instances this has been accomplished in the guise of “decentralization” and “empowerment” of other stakeholders. In the case of the education sector, school administrators, parents, teachers, alumni, and local governments were said to be involved in ‘school governance.’ In reality they were